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10-30-2009, 12:04 PM
This message contains information about amendments to environmental and occupational health & safety-related acts and regulations in Canada. CCOHS keeps track of changes to the legislation as part of the on-going enhancement of our full-text Canadian Environmental and Occupational Health & Safety Legislation databases, available on World Wide Web, DVD and for intranets. This is the list of amendments identified in October 2009. Summaries of the amendments are posted to this list on a monthly basis. If you would like to find out more about CCOHS' enviroOSH Legislation service, contact Inquiries & Client Services by e-mail at clientservices@ccohs.ca or toll-free in Canada and USA at 1-800-668-4284. Information about the service is also available at: http://www.ccohs.ca/products/legislation/legislation.html

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CANADA

ACTS

Canada Labour Code (Part I): 2005, c. 47, s. 136 is now in force amending s. 67 of the Canada Labour Code regarding the term of collective agreements.

Canada National Parks Act: 2009, c. 17 is now in force (except subsection 7(2)) amending the Act to enlarge Nahanni National Park Reserve of Canada while accommodating certain third party interests in the expansion area. The description of the Reserve is replaced in the schedule.

Canadian Environmental Protection Act, 1999: 2008, c. 31 is now in force allowing implementation of regulations requiring five per cent average renewable content in gasoline by 2010. It also provides for a periodic and comprehensive review of the environmental and economic aspects of biofuel production in Canada by a Committee of Parliament.

REGULATIONS

Consumer Chemicals and Containers Regulations, 2001 (Hazardous Products Act): SOR/2009_165 clarifies certain regulatory requirements to facilitate compliance and enforcement and corrects editorial errors and inconsistencies.

Domestic Substances List (Canadian Environmental Protection Act, 1999): SOR/2009_236 deletes two substances from Part 1 and adds two substances to Part 2. SOR/2009_237 deletes five substances from Part 1 and adds five substances to Part 2. SOR/2009_238 deletes six substances from Part 1 and adds six substances to Part 2. SOR/2009_253 adds six substances to Part 1 and adds one substance to Part 2, adds ten substances to Part 3 and adds two substances to Part 4. SOR/2009_254 deletes one substance from Part 1 and adds one substance to Part 2.

Explosives Regulations (Explosives Act): SOR/2009_125 amends the explosives user fees which were set in 1993. Forms are also updated.

Regulations Respecting Applications for Permits for Disposal at Sea (Canadian Environmental Protection Act, 1999): SOR/2009_252 amends box 19 of Part B of the form entitled "PERMIT APPLICATION (DISPOSAL AT SEA)" to align the English and French versions of the regulation. It also repeals the list of addresses at the end of the permit application form in the schedule. The addresses will be made available on Environment Canada's Disposal at Sea Program Web site at www.ec.gc.ca/seadisposal/ (http://www.ec.gc.ca/seadisposal/).

ALBERTA

ACTS

Dangerous Goods Transportation and Handling Act: S.A. 2009, c. 26 updates the act to reference the Alberta Human Rights Act.
REGULATIONS

Commercial Vehicle Dimension and Weight Regulation (Traffic Safety Act): Alta. Reg. 140/2009 updates section 12 to continue the regulation.

Designated Material Recycling Management Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 193/2009 amends the regulation to add section 6.1 (Advances) and clause d.1 to section 12.

Electrical Code Regulation (Safety Codes Act): Alta. Reg. 178/2009 amends the regulation to update the reference to the Canadian Electrical Code in section 3.

Energy Resources Conservation Board Administration Fees Regulation (Energy Resources Conservation Act): Alta. Reg. 161/2009 updates the regulation to reflect the 2009_2010 fiscal year. Other figures are also updated in sections 4 and 5.

Lubricating Oil Material Recycling and Management Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 194/2009 updates section 11 to continue the regulation.

Oil Sands Conservation Regulation (Oil Sands Conservation Act): Alta. Reg. 158/2009 updates section 62 to continue the regulation.

Metallic and Industrial Minerals Exploration Regulation (Mines and Minerals Act): Alta. Reg. 189/2009 updates section 46 to continue the regulation.

Paint and Paint Container Designation Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 194/2009 amends the regulation to update the surcharges listed in section 3 (Maximum advance disposal surcharge).

Use of Highway and Rules of the Road Regulation (Traffic Safety Act): Alta. Reg. 152/2009 amends the definitions for "moped" and "power bicycle". References have been updated to reflect the new Vehicle Equipment Regulation. Section 49 (Stationary non_commercial vehicles) has been repealed and replaced and sections 49.1 (Stationary commercial vehicles), 55.1 (Daytime running lamps), 55.2 (Authorized lamps) and 113.1 (Expiry) have been added.

Vehicle Equipment Regulation (Traffic Safety Act): Alta. Reg. 165/2009 amends the regulation to add section 79.1 concerning armoured vehicles.

Waiver Regulation (Public Health Act): Alta. Reg. 188/2009 amends the regulation to update references in section 1 (List of regulations that may be waived or mitigated against by request). Section 8 (Delegation not authorized) has been repealed.

BRITISH COLUMBIA

REGULATIONS
Electrical Safety Regulation (Safety Standards Act): B.C. Reg. 134/2009 amends the regulation to add section 3.2 (Relation to the Safety Standards General Regulation).

Elevating Devices Safety Regulation (Safety Standards Act): B.C. Reg. 134/2009 amends the regulation to add section 2.1 (Relation to the Safety Standards General Regulation).

Safety Standards General Regulation (Safety Standards Act): B.C. Reg. 134/2009 amends the regulation to add section 2.1 (Applicants with credentials from elsewhere in Canada).

NEW BRUNSWICK

ACTS

Motor Vehicle Act: 2008, c. 33, subsection 2(e) is now in force which replaces subsection 84(6) regarding stage two learner's licences for novice drivers.

NEWFOUNDLAND AND LABRADOR

ACTS

Occupational Health and Safety Act: S.N.L. 2009, c. 19 is now in force, amending the act to add a definition for supervisor in section 2 and section 5.1 (Supervisors' general duty) and section 5.2 (Specific duties of supervisors).

NORTHWEST TERRITORIES

REGULATIONS

General Sanitation Regulations (Public Health Act): R_107_2009 amends the wording in various sections by replacing "Medical Health Officer" and "Health Officer" with "Chief Public Health Officer" and "incorporated municipality with "municipal corporation".

Pesticide Regulations (Pesticide Act): R_110_2009 makes minor amendments to wording and aligns the English and French versions.

Public Sewerage Systems Regulations (Public Health Act): R_099_2009 amends the wording in various sections by replacing "Chief Medical Officer" with "Chief Public Health Officer".

Territorial Parks Regulations (Territorial Parks Act): R_103_2009 amends s. 25 by replacing "Health Officer" with "public health officer".

ONTARIO

ACTS

Highway Traffic Act: S.O. 2009, c. 4 is now in force. Section 78 (Display screen visible to driver prohibited) has been repealed and replaced and Section 78.1 (Hand_held devices prohibited) added to the act. These amendments prohibit the use of handheld electronic devices, such as cellular phones and the use of visible display screens while driving. An exemption is provided for devices used in hands_free modes. S.O. 2009, c. 5 is now partly in force. Definitions for "bicycle" and "motor vehicle" have been repealed and replaced and definition for "power_assisted bicycle" has been added. Section 38 (Minimum age to driver motor_assisted, power_assisted bicycle) has been repealed and replaced. Section 103.1 (Power_assisted bicycles)_has been added to the act. Other amendments have been made to incorporate the regulation of power_assisted bicycles.

PRINCE EDWARD ISLAND

ACTS

Smoke_free Places Act: S.P.E.I 2009, c. 86 is amended to repeal and replace definitions for "designated smoking area", "designated smoking room", "long_term care facility", "public place"
and "workplace" and add ones for "motor vehicle" and "patio". Amendment to section 4 makes it prohibited to smoke in vehicles with passengers under the age of 19. Section 5 is repealed removing exemptions for long term care facilities .Section 8 is amended to prohibit designated smoking rooms in a public places and workplaces, as well as designated outdoor smoking areas in certain locations, such as schools and hospitals. Section 11 (Employees not required to work in designated smoking room) has been amended, as a consequence of the amendments mentioned.

QUEBEC

ACTS

An Act respecting medical laboratories, organ, tissue, gamete and embryo conservation, and the disposal of human bodies: 2009, c. 29 is now in force adding amendments regarding medical imaging laboratories and permits related to their operations.

An Act respecting occupational health and safety: 2009, c. 19, ss. 17 to 20 is now in force adding s. 51.1 regarding persons assuming responsibilities under the Act for workers whom they have retained services and amending ss. 62 and 136.8.

Environment Quality Act: 2009, c. 33, s. 1 is now in force enacting ss. 46.1 to 46.4 and s. 46.18 of the Act regarding climate change action plan and cap_and trade system. Emitters of green house gases may be required by the Minister to report their greenhouse gas emissions for the purposes of a greenhouse gas emissions inventory. This information is to be kept in a public register. The Minister is to prepare a climate change action plan and report yearly the greenhouse gas emissions inventory and measures implemented to reduce emissions and fight climate change. Greenhouse gas reduction targets using 1990 emissions as a baseline are to be set by the government.

Forest Act: 2001, c. 6, s. 52, 2006, c. 45, s. 11 and 2007, c. 39, ss. 13, 17 and 25 are now in force amending ss. 70, 84.5 and 104.4 of the Act regarding annual reports (s. 70) and the date by which agreement and contract holders must submit their lists of holders of wood processing plant operating permits and wood processing plants respectively.